Date of Determination

Date of Determination. Means (a) with respect to Section 4.3.1, the Date of Exercise, (b) with respect to Sections 5.1, 5.2 and 5.3, the date fixed for determination of the holders of Common Stock entitled to receive the subject dividend, issuance or distribution, and (c) with respect to Section 5.4, the Trading Day immediately preceding the date on which the Common Stock or Common Stock Equivalents are issued or sold.

Date of Determination. The last Business Day that is at least 45 calendar days before a Release-Based Amount Payment Date